The state Attorney General's Office has released a series of recorded conversations between Nogales Mayor Octavio Garcia-Von Borstel and a city contractor that prosecutors say show under-the-table, illegal business dealings. The action came after Judge Deborah Bernini, of Pima County Superior Court, gave the go-ahead.
Von Borstel and his father, Octavio Garcia Suarez, were indicted last month on a variety of felony charges, including conducting an illegal enterprise, money laundering, fraudulent schemes, theft and conflict of interest.
The mayor sought money from businesses that wanted to get new contracts or keep old ones, prosecutors allege. They further contend the mayor and his father used a money-order shop to steal from Western Union and other businesses.
The FBI recorded a number of conversations between city contractor Ron Henderson and the mayor in July.
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Topics included Henderson's towing contract with the city, his and Von Borstel's $2,000 monthly arrangement, the mayor's need for cash, and Henderson's hope that the mayor could help him get more contracts.
During one meeting, the mayor asks Henderson for $4,000 to pay some unknown people.
"I just need $4,000 to get them off my back, but I will pay for that. I need you to pay me, but then subtract it from next month and next month, just so I can get them off my back," Von Borstel said.
Henderson tells the mayor he doesn't have the money to give him.
During the same conversation, Henderson again asks for the mayor's help in getting a contract to tow the city's trash trucks.
The mayor gets Nogales Public Works Director Flavio Gonzalez on the phone and introduces Henderson as a friend. In two separate phone conversations days later, Henderson thanks Von Borstel for putting him in touch with Gonzalez.
"That call you made to Flavio, looks like I'm going to get that contract," Henderson said. "I met with him earlier today. That went really well. That looks good."
"He's my boy," the mayor responded. "We'll send some, a lot, of business your way."
Von Borstel's father is mentioned only when the mayor asks Henderson if he'll meet with his father because he was unavailable. Henderson said he wouldn't be "comfortable" with anyone else.
Defense attorneys Chris Scileppi and Rafael Gallego told Bernini on Monday that they thought the release of the recordings was inappropriate and would taint any future prospective jury pool.
"We want to try this case in Nogales, and they are making it very hard to do," Gallego said, adding that although the CDs have little to do with his client, they could have a "spillover" effect on him.
The judge ruled the CDs were public record.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
